HomeMy WebLinkAbout1.0 ApplicationCOLORADO DEPARTMENT OF HEALTI-I
Water Quality Control Division
4300 Cherry Creek Drive South
Denver, Colorado 80222-1 530
B)
A.
DOMESTIC WASTEWATER TREATMENT WORKS (INCLUDING TREA'|MENT PLAN'I-S,OUTFALL SEWERS, AND LIFT STATIONS) OVER 2,OOO GPD CAPACITY.
TNTERCEPTORS (rF REQUIRED By C.R.S. 25_8702 (3) )
APPLICANT: Coryell Ranch Company. LLC
ADDRESS:
Consulting Engineer's Name and Address:
PHONE: (970)9a5- l00a
Proposed Location: (l_egal Description)
Township_, Range
.County.
2.Type and capacity of treatment tacility proposed: processes Used
Hydraulic Organic
gallclay
Present PE Design PE
3. Locarion of facility:
Attach a map of the area which includes the following:
(a) S-mile radius: all sewage treatment plants, lift stations, and domestic water supply intakes.
(b) l-mile radius: habitable buildings, location of potable water wells, and an approximate indication
ofthe topography.
4. Effluent disposal: Surface discharge to water course
Subsurface disposal Land
Evaporation.Other
State water quality classification of receiving rvatercourse(s).-NA-
Proposed Effluent Lirnitations developed in conjunction with Planning antl Standards
Section' wQCD: BoD5-rng/l SS-mg/l Fecal Coliform /100 ml
Total Residual Chlorine mg/l Ammonia mgi I Other
will a State or Federal grant be sought to tina,ce any portion of this project? No
Present zoning of site irrea?
Zoning with a l-mile radius of sitc,l
7 ' What is the distance downstream from the discharge to the nearest domestic water supply intake?
(Name of Supply)
I lbs. BOD5/day
96 Domestic_%olndustrial
(Address of Supply)
What is the distance downstream frorn the discharge to the nearest other point of diversion?
(Name of User)
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WQCD-3 (Revised 8-83)
A)
_t/o,_%, Section_
5.
6.
who has the responsibirity for operating the proposed tacility?
ffihich the tacilitY will be "'"*"*"
-
-------_-_--.-_-_--._-_-_-_-----.._-__.-_--__---_.--.--_--_----
(Please attach coPtes ot
Estimated Project cost:Estimated project cost'
on a'd operation of the facility?
Who is tinancially responsible lor the constructt
miles downstream of proposed wastewater
treatment facilitY site'
;* [;';; 'atural
hazard area?
ls the facilitY in a 100 Y'*:1::1 l]3:l'
lf so, w tural Resources or
Has the flood plarn been designated by the uotc
: : ,
il;;;""ns are being taken?
other AgencY?Ggen.Y Name)
lf so, what is that designation?
Please include all additional factors that rnight help the Water Quality Control Division make an informed decision on
your application for site approval'
n fu,v deveroped wi, senerate T::::::1,11- '"*
P'E' to be served 2
:1,'il::;ffiT::'T::' i;;;;"' power railure Hish Leverararm is prov':oeo a''u
I
;::ffi"i,:1;'J;;-""
""';,, P E to be served 288
2. ls the site located in a 100 year flood plain? NO
lfyes,onaSeparatesheetofpaperdescribetheprotectivemeasurestobetaken.--rl^r ^^\ver failure' Hieh Level alarm is provided and
3.
Name and address ol facilitv pro.l]::"X,t1;?:'il"t'
5.
4. Name attu "::'"":,;,.^- q. a,.it^tion District"(.,r.^pn Glen W
f)ate
il;;nlvhenfullydevelop1o-wirrincreasetheloadin-gofthetreatm."lo]iii-.""4
Yo o[ hydraulic ancl ""';i;; "2" or o'glnit't'o"tltv t"u
agrees to treat this wastewater? Yes X No
Signature and Title
-2-
WQCD-3 (Revised 8-83)
9.
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B.
C.
D.
If the facility will be located on or adjacent to a site that is owned or managed by a Federal or Srate agency, send the
agency a copy of this application.
Recommendation of governmental authorities:
Please address the following issues in your recommendation decision. Are the proposed facilities consistent with the
comprehensiveplanandanyotherplansfbrthearea,includingthe20l Facilityplanor20gwarereuality
Management Plan' as they affect water quality? If you have ai-y further comments or questions, please call (303)
320-8333, Extension 5272.
l.
2.Management Agency
Cities or Towns (lf
within three miles)
J.
4.
5.
6.
7.
(For lift stations' the signature of the State ceologist is not required. Applications for treatment plants require alt signatures.)
I certif that I am familiar with the requirements of the -Regulations for Site Applications For Domestic wastewater Treatment
works'" and have posted the site in accordance with the regulations. An engineering report, as described by the regulations,
has been prepared and is enclosed.
DATE
Recommend
Approyal&Disapuoyal
X
X
X
Signature ol' Applicant TYPED NAME
-3-
WQCD-3 (Revised 8-83)
Signatrrre af Rcnraoo^roti.,-
LAND TITLE GUARANTEE COMPANY
DISCLOSI.JRE STATEMENT
Requircd by C.R.S. 10-11-122
A) The subject real propeny rnay be located in a spcciai nxing disrict.
A Cenificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer' s authorized agent.
The informadon regarding special districts and the boundaries of such districs rnay
be obnined from the Board of Counry Comrnissioners. rhe Counry Clerk and Recorder. or
the Coumy Assessor.
Effecdve September I. 1997, CRS 30-10406 requires rhat ail documens received for recording or filing in the
clerk and recorder's office shall comain a rop nrargin of at least one inch and a left. right and bonom margin of
at lease one half of an inch. The clerk and recorder may refuse to record or file any document that does not
conform. except that. the requirement for rhe rop margin shall not apply to documens using fomrs on which
space is provided for recording or filing informarron at the top margin of the document.
B)
c)
cARFrEt-P gg,.YtlYurenrr -u'
"ffi;1#;;il1,i"=3:"$601
\r RECE\VEI'
BiL ?' l' BS
L.
,,
Property Address:
Effective Date:March 30. 1999 at 5:00 P.M.
Policy to be Issued, and Proposed Insured:
'TBD" Cornruitment
Proposed Insured:
TBD
3. The estate or interest in the land described or referred to in this commitment and covered herein is:
A Fee SintPie
il. Title to the estate or interest covered herein is at the effective date hereof vested in:
Old Republic Narional Title Insurance Company
ALTA COMMITMENT
Schedule A
is described as follows:
DESCRIPTION
Our Order No. GW231128-2
Cut. Ref.:
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5. The land referred to in this Commitment I
SEE ATTACHED PAGE(S) FOR LEGAL
COMPANY
Our Order No' GW231128-2
TEGAL OESCEIPTION
A PAR.EL oF LAND srruArE rN Lols^ 12 AND t3' sEcrloNr',s&I'?ltkRlt"' *"',
ilff Jh1#Jfl*tBi;Lfjp{il.t','-'xffiJJ^Tii;-il'iii'o'coLoRADoBEING
MoRE P ARTlculAru-rv'o eicnBEP ts' FoLLows :
::ffiffi :*m[*x**m,:'a$"lxir-ilt+T*]Hii+:#ii1;='::.
isagiir.+Iiff rrsrsttlil:'xti'.:,y$???-,1t$g*p:X6***^,
DEGREES z7' 5t' t'fiIiidirle 91;1rrNE oF sAlD sEcrl
FEEr ro ,rr '*u#J'G
or eec^r1y,'rc FoR rHE PARc
AL'NG ,r, *o*r-r. ;ffi;**qYYERLY B.UNDARY
rN BooK er8 Amott"i#ici !1^o;;HE REcoRDs oF rI
iiic6*iit* rHE FoLLowING 8 couRSES:
1)NSSDEGREES4T,II"wALoNGANEXISTINGFENCELINEADISTANCEoF343.54
illi oro*"' 08' s7' E AL.NG AN E*ISTING FENcE L'NE A "l.'::,- ^
281"t1
3)NT6DEGREES59,2I"EALoNGANEXISTINGFENCELINEADISTANCEo
4)S03DEGREES5I,05,wALoNGANEXISTINGFENCELINEADISTANCEoFI30.T3FEET: '"' -:---
^. ^.,^ rxr cyrsrrNc FEN.E LINE A DlsrANcE oF 75'33 FEET:
5)S30DEGREES25,5.|.EALoNGANEXISTINGFENCELINEADISTANCEC
6)S39DEGREES4I,I0.EALoNGANEXISTINGFENCELINEADISTANCEoFIg3.S4
FEET:
7) S 3I DEGREES 14, 48, E AL.NG AN EXISTING FENCE LINE A DISTAN.E oF 71.04 FEET:
8) s 23 DEGREES 2r' rs- E AL-g\G.AN ExrsrrNc IEfsJ L'NE '\ Dl:]lI:loF 73'17 FEEr:
THEN.E s rq iECneEs 33' :ri.r.{;*? i*^Eirs''xi#ii;; ;NE- lI'?::"SFftl f::lg
BOUNDARY OiT,O*CL' O'-'1Y-',ilJSCil,'EO AS P'ARCEL A IN BOOK'iITJ'Iii"'' O'
l',*l*rr,lrsl,liil"s':r"^s{?ft Bt'?,sti,i[i*iii]*I$[*'H":i#;",,^,
igffi *ffs,,f,r:tiw::t:i: #il? i i;u;; i c e N'e nr.'
zuVER THE FOLLOWING 4 COURSES:
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r) s l0 DEGREES 4s' 00' E A DlsTANg! oF 262'07 FEET:
2) s 12 DEGREEs'o'i6" i i orirp'Ng! oF 168'00 FEEr:
ii,-iB',sl',',:T.tIEUlWBIti!.tiE!:':p,ilTl[IsTJs"$'Ik'i'"'
oF LoT t3 oF sECT,o-n i,'inrNce s 0l DEGREES 00' "' *&r-*";o]*i tt*llt AGREED uPoN
sAlD Lor 13 (sAlD iliiitxt ALso BEING rHE coMMoN ;ffi;iltur' sN-oeBl-E' 'AIDif uxroN o1t ggyfrtv oicer-iroRNrA AND roHN * "u"#ifi'oi'i"e ry;^,coll':3r5tt#t?t,
*ir,,r*x$:"*#ry*l+"':ffii,ts*tffu':rli ,
il,toN-ort- ..MPANY oF .ALIF.RNI
eirN c *,. o *o' J i i''' oo*- "-t':* Fi[J$ *i ?i J51i?**;i
o F s AtD G ARF
'ELD
c"oilTY aLERK AND REcoRDER) TF
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Our Order No. GW23l128-2
LEGAT DESCBIPTION
I) N 89 DEGREES 04' 09" W ALONG THE SOUTH LINE OF SAID LOT 13 A DISTANCE OF
563.29 FEET TO THE SOUTHWEST CORNER OF SAID LOT 13:
2) S 89 DEGREES 58' 42" W ALONG THE SOUTH LINE OF LOT 19. SECTION 29 A DISTANCE
OF 159.34 FEET TO A POINT ON AN EXISTING FENCE LINE:
3) N 70 DEGREES 04' 19" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 409.84
FEET:
4) N 70 DEGREES 07' IO" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 354.35
FEET:
5) N 69 DEGREES 32' 49" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 188.80
FEETI
6) S 28 DEGREES 47' 45'W ALONG AN EXISTING FENCE LINE A DISTANCE OF 306.75
FEET:
7) S 29 DEGREES 02' 13'W ALONG AN EXISTING FENCE LINE A DISTANCE OF 66.15 FEET
TO A POINT ON THE SOUTH LINE OF SAID LOT 19:
8) S 89 DEGREES 58' 42" W ALONG THE SOUTH LINE OF SAID LOT 19 A DISTANCE OF
295.33 FEE-T TO A POINT ON AN EXISTING FENCE LINE:
9) N II DEGREES 04'OO" E ALONG AN EXISTING FENCE LINE A DISTANCE OF 309.8I
FEET:
IO) N 13 DEGREES 46' 33'W ALONG AN EXISTING FENCE LINE A DISTANCE OF 305.85
FEET:
II) N 54 DEGREES 09' 32" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 258.77
FEET:
12) N 66 DEGREES 16' 50'W ALONG AN EXISTING FENCE LINE A DISTANCE OF 398.62
FEET:
13) N 45 DEGREES 17' 45" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 213.59
FEET:
14) N 45 DEGREES 20' 59" W A DISTANCE OF ?17.78 FEET TO A POINT ON AN EXISTING
FENCE LINE:
15) N 45 DEGREES 04' 44" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 45i.97
FEET:
16) N 7I DEGREES 47' 15" W ALONG AN EXISTING FENCE LINE A DISTANCE OF 278,62
FEET:
17) N 44 DEGREES 16' 50' W ALONG AN EXISTING FENCE LINE A DISTANCE OF ?73.66
FEET:
18) N 39 DEGREES 08' OO'W ALONG AN EXISTING FENCE LINE A DISTANCE OF 326,72
FEET TO n i'iii.iT ON THE WEST LINE OF LOT 13 OF SAID SECTION 29:
19) N OO DEGREES 3I' 38" E ALONG THE WEST LINE OF SAID LOT 13 A DISTANCE OF
3IO.I I FEET TO THE SOUTHWEST CORNER OF LOT 8 OF SAID SECTION 29:
20) N 02 DEGREES 03' 17" E ALONG THE WEST LINE OF SAID LOT 8 A DISTANCE OF
1167.25 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCzuBED IN BOOK
449 AT PAGE 57I OFTHE RECORDS OF SAID GARFIELD COUNTY CLERK AND RECORDER:
THENCE N 89 DEGREES 30' 03" E ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF
LAND A DISTANCE OF I5I.19 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL OF LAND:
THENCE N 30 DEGREES 20' OO' E ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL
OF LAND A DISTANCE OF 367.79 FEET TO THE CENTERLINE OF THE ROAzuNG FORK RIVER:
THENCE ALONG THE CENTERLINE OF SAID ROARING FORK RIVER THE FOLLOWING 15
COURSES:
I) S 22 DEGREES 57' 15'E A DISTANCE OF 214.22 FEET:
2) S 48 DEGREES OO' 46" E A DISTANCE OF 403.6I FEET:
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Our Order No. GW23l128-2
LEGAT DESCRIPTIOTU
3) N 70 DEGREES OT' OI'E A DISTANCE OF 292.62 FEET:
4) N 43 DEGREES 09' 09" E A DISTANCE OF 219.32 FEET:
5) N 30 DEGREES 15', 23" E A DISTANCE OF 347.31FEET:
6) N 39 DEGREES 33' 35', E A DISTANCE OF 298.33 FEET:
7) N 55 DEGREES 14' 39',E A DISTANCE OF 298.20 FEET:
8) N 73 DEGREES 08' 07' E A DISTANCE OF 265.41FEET:
9) S 84 DEGREES 57'03" E A DISTANCE OF 249.97 FEET:
IO) S 57 DEGREES 59' 4I" E A DISTANCE OF 235.85 FEET:
I I) S 47 DEGREES 45' 29" E A DISTANCE OF 256.33 FEET:
12) S 39 DEGREES 49' 03" E A DISTANCE OF 418.28 FEET:
13) s 29 DEGREES 05' 00" E A DISTANCE OF 293.00 FEET:
14) S 36 DEGREES 34'OO" E A DISTANCE OF 33O.OO FEET:
I5) S 4I DEGREES 30' OO" E A DISTANCE OF 225.00 FEET TO A POINT ON THE EAST LINE
OF SECTION 29: THENCE S OO DEGREES 27' 5I" W ALONG THE EAST LINE OF SAID
SECTION 29 A DISTANCE OF 623.64 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
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ALTA COMMITMENT
(Requirements)
The following are the requirements to be complied with:
Our Order No. GW23l128-2
Payment to or for the account of rhe grantors or mortgagors of the fuIl Consideration for the esBte or interest to be
insured.
proper instrument(s) creating the esrate or iilerest to be insured must be execued and duly filed for record' to-wit:
THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
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ALTA COMMITMENT
@xceptions)Our Order No. GW23l128-2
The policy or policies to be issued will contain exceptiors to the following unless the same are disposed
of to the satisfaction of the Company:
l. Righs of claims of panies in possession not shown by the public records.
2. Easements. or claims of easements. not shown by rhe public records.
3. Discrepancies. conflicts in boundary lines. shonage in area. encroachments. and any facs which a correcr suney and
inspection of the premises would disclose and which :ue nor shown by the public records.
4. Any lien. or right to a lien. for services. labor or nrarcrial theretofore or hereafter furnished. imposed by law and
not shown by the public records.
5. Defecs. liens encumbrances. adverse claims or other marrers. if any, creared. first appearing in the public records or
aturching subsequent to the effective date hereof bur prior ro fte date the proposed insured acquires of record for
value the esate or interest or mongage thereon covered by this Commiunent.
6. Taxes and assessments not yil due or payable and special assessmenrs nor yer cenified ro the Treasurer's office.
7. Any unpaid raxes or assessmens against said land.
8. Liens for unpaid warer and sewer charges. if any.
9. TI{E EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY. FIRE
PROTECTION. SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
IO. WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
I I. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED MARCH I1. 1892. IN BOOK 12 AT
PAGE 116: APRIL 27. t892lN BooK 12 AT PAGE 140: AND APRIL [. 1892 tN
BOOK 12 AT PAGE I32
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH II. 1892.
IN BooK 12 AT PAGE I 16: APRIL 7'1. t892 tN BooK 12 .A.T PAGE 140: AND APRILII. 1892IN BOOK 12 AT PAGE I32
EASEMENT AND RIGHT OF WAY FOR THE SOUTHARD AND CAVANAUGH DITCH AS SET FORTH
IN STATEMENT AND MAP RECORDED DECEMBER 2. I89O AS RECEPTION NO. I 1062.
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ALTA COMMITMENT
(Exceptiors)Our Order No. GW23IL28-2
The policy or policies to be issued will contain exceptiorui to the following unless the same arc disposed
of to the satisfaction of the Company:
14. EASEMENT AND RIGHT OF WAY FOR THE KAISER AND SIEVERS DITCH AND ANY AND ALL
ENLARGEMENTS OR EXTENSIONS THEREOF AS EVIDENCED BY STATEMENTS RECORDED
DECEMBER 2. 1885IN BOOK 9 AT PAGE IO9 AND RECORDED DECEMBER 9. 1886IN
BOOK 9 AT PAGE 387. AGREEMENT RECORDED AUGUST 25. 1896IN BOOK 39 AT PAGE
268. AND PLAT RECORDED DECEMBER 2. 1885IN BOOK 9 AT PAGE IIO.
15. EASEMENT AND RIGHT OF WAY FOR THE CAVNAUGH.SOUTHARD DITCH AS SET FORTH IN
STATEMENT RECORDED MARCH 23. 1885 IN BOOK IO AT PAGE 15.
16. EASEMENT AND RIGHT OF WAY FOR THE CAVNAUGH DITCH AS SET FORTH IN STATEMENT
AND MAP RECORDED MARCH 2I. 1887 IN BOOK 9 AT PAGE 453.
17. EASEMENT AND RIGHT OF WAY AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY IN INSTRUMENT RECORDED FEBRUARY 8. 1936IN BOOK I83 AT
PAGE 254.
18. EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES AS GRANTED TO
MITCHELL DYER AND LUCILE DYER IN DEED RECORDED JUNE 20. 1949IN BOOK 243
AT PAGE 39I.
I9. EASEMENTS AND RIGHTS OF WAY FOR NATURAL GAS TRANSMISSION LINES OF ROCKY
MOUNTAIN NATURAL GAS COMPANY. INC.. AS EVIDENCED BY MAP RECORDED IVTAY 4.
1962IN ROAD BOOK 3 AT PAGE 126 AS RECEPTION NO. 2I744,I.
20. SEVEN PERCENT ROYALTY FROM AND OUT OF ALL OF THE OIL. GAS AND OTHER MINERAL
PRODUCED AND SAVED FROM SAID LANDS AS RESERVED BY LILLIAN I. CORYELL.
PERRY C. CORYELL AND PERRY L. CORYELL IN DEED RECORDED JANUARY 5. 1965IN
BOOK 363 AT PAGE 33.
21. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY IN INSTRUMENT RECORDED MAY 8. 1972 IN BOOK 430 AT PAGE
322.
22. RIGHT OF WAY EASEMENT AS GRANTED TO CEORGE H. REDDING. JR. AND MARGARET W.
REDDING IN INSTRUMENT RECORDED SEPTEMBER 20. 1973 IN BOOK 449 AT PAGE 574.
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ALTA COMMITMENT
fExceptions)Our Order No. GW23l128-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
23. EASEMENT AND RIGHT OF WAY AS GRANTED TO THE BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNfi. COLORADO AS SET FORTH IN INSTRUMENT RECORDED OCTOBER
2r. 1983 IN BOOK 637 AT PAGE 678.
21. EASEMENT AS GRANTED TO PERRY L. CORYELL AND LILLIAN I. CORYELL IN
INSTRUMENT RECORDED NOVEMBER I, 1983 IN BOOK 638 AT PAGE 226.
RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND
TELEGRAPH COMPANY IN INSTRUMENT RECORDED SEPTEMBER IO. I99O IN BOOK 788 AT
PAGE 626. .
ANY QUESTION. DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A
RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN
NATURAL CAUSES. OR ALTERATION THROUGH ANY CAUSE. NATURAL OR UNNATURAL. OF
THE CENTER THREAD. BANK. CHANNEL OR FLOW OF WATERS IN THE CRYSTAL AND
ROARING FORK RIVERS LYING WITHIN SUBJECT LAND: AND ANY QUESTION AS TO THE
LOCATION OF SUCH CENTER THREAD. BED. BANK OR CHANNEL AS A LEGAL
DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING
SUBJECT LANDS.
EASEMENTS AND RIGHTS OF WAY FOR THE CONTINUED UNINTERRUPED FLOW OF WATER IN
THE ROARING FORK AND CRYSTAL RIVERS.
TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST I9. I994 IN
BOOK 912 AT PAGE 973.
EASEMENTS. RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE CORYELL RANCH
BOUNDARY SURVEY PREPARED BY CONSTRUCTION SURVEYS. INC.. DATED MAY 21.
r996.
30. E.qSEMENTS. RIGHTS OF WAY AND OTHER MATIERS AS SET FORTH ON THE SURVEY OF
SUBJECT PROPERTY DATED OCTOBER I998 PREPARED BY SCHMUESER. CORDON. \{EYER
AS JOB NO. 98081.
3I. EXISTING LEASES AND TENANCIES. IF ANY.
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ROARING FORI( WATER & SANITATION DISTRICT
CORYELL RANCH COMPANY, LLC
PRJ-INCLUSION AGREEMENT
THIS PRE-INCLUSION AGREEMENT is made and entered into this
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day of
February, 1999 by and between the ROARING FORK WATER & SANITATION DISTRICT
(formerly the "Aspen Glen Water & Sanitation District"), a Colorado special district, whose
address is9929 Highway 82, Carbondale, Colorado 81623 ("District"), CORYELL RANCH
COMPANY, LLC whose address is 400 Main Street, Hilton Head Island, South Carolina 29926
("Coryell Ranch") and the BOARD OF COTINTY COMMISSIONERS FOR GARFIELD
COUNTY, COLORADO ("County").
WITNESSETH
WHEREAS, the District is a special district, formed and functioning under authority of
C.R.S. $S 32-1-t0l et. seq. (West Supp. 1998) and the District's "service Plan" ordered and
decreed by the Garfield County District Court in Case No. 94CV29, providing water and sewer
service in Garfield County, Colorado; and
WHEREAS, Coryell Ranch is the owner and developer of that real property located in
Garfield County, Colorado, more particularly described in Exhibit A attached hereto and
incorporated herein by this reference ("Coryell Ranch Property"), which real property Coryell
Ranch desires to have included within the District's boundaries in order to receive sewer service
from the District; and
WHEREAS, the Coryell Ranch Property has been deemed under the District's Service
Plan to constitute, "[r]eal property capable of being served by the facilities of the District.'." as
that phase is used in C.R.S. $ 32-1-401, for purposes of the inclusion of real property within a
special district; and
WHEREAS, as provided by the OUT-OF-DISTzuCT SEWER SERVICE AGREEMENT
("Out-of-District Contract") executed by the District and the prior owner of the Coryell Ranch
Property, the District is obligated to provide sewer service to the Coryeil Ranch Property upon
the terms and conditions contained in such Out-of-District Contract; and
WHEREAS, under the Annexation Policy set forth within the District's Service Plan and
the provisions of the Out-of-District Contract Coryeil Ranch may, in lieu of receiving Distnct
sewer service under the terms of the Out-of-District Contract, petition to have the Coryell Ranch
Properry included within the boundaries of the District pursuant to C.R.S. S 32-1-401 et. seq. and
,RECETVED ts-tc 2 31ESg
GARFTELD couNrY ---
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lstf-yf,-q;5,ru%5[ \.
dirr,,lwcdu $rjHlNGS, co glcol
WHEREAS, Coryell Ranch has caused an Application for combined Planned Unit
Development and Preliminary Plan approval for the Coryell Ranch PLID to be submitted to
Garfield County. It is presently estimated that at full build-out, the Coryell Ranch PIID will
require sewer service from the District in the total amountof 74 EQR's, with one EQR
representing 300 gallons per day (gpd) calculated in accordance with the District's Service plan;
and
WHEREAS, C.R.S. $ 32-1-401 et. seq. and the District's Service Plan provide
requirements and procedures for the annexation and inclusion of property into the District, and
specifically, C.R.S. $ 32-l-402(1Xc) provides that agreements may be entered into, "[b]etween a
board and the owners of property sought to be included in a special district with respect to fees,
charges, terms and conditions on which such property may be included."; and
WHEREAS, C.R.S. $$ 31-1-1001(1)(d) and 31-35-402(1X0 authorize the District to
require reimbursement of its out-of-pocket costs in providing services to the District's customers,
including but not limited to, sewer connections, inclusions to the District and planning and
review of line extensions; and
WHEREAS, the District and Coryell Ranch desire to set forth the provisions pursuant to
which the Coryell Ranch Property will be included within District's boundaries and pursuant to
which sewer service will thereafter by provided to the Coryell Ranch Property by the District.
NOW THEREFORE, for and in consideration of the mutual covenants and promises of
the parties, and other good and valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged and confessed, the District and Coryell Ranch, on behalf of themselves,
their successors, assigns, heirs, devisees and/or transferees, agree as follows:
Section I.
Inclusion/ Exclusion of Coryell Ranch property
1. Inclusion of Coryell Ranch Prooertly within District. No later than two (2) years from the
date of the execution of this Agreement, Coryell Ranch shall file with the District
pursuant to C.R.S. $ 32-1-401, a petition to have the Coryell Ranch Property included
within the boundaries of the District. For the purpose of interpreting this provision,
Coryell Ranch and the District agree that the Coryell Ranch Property shall be included
within the District pursuant to a single filing with District-- it being the expressed intent
of the parties that the Coryell Ranch Property be included within the Districr in its
entirety in a single proceeding, as opposed to multiple proceedings addressed to portions
or phases thereof. Upon the District's receipt of such petition for inclusion, the District
shall perform all necessary steps required thereunder to include the Coryell Ranch
Property within the District, including, but not limited to, the holding of the necessary
public meetings as required by statute, and, if the Petition is granted, obtaining an Order
Pre-inc lusion Agreement
Roaring Fork Water & Sanitation District/Coryell Ranch Company, LLC/Board of County Commissioners
Page 2
2.
of inclusion from the Garfield Countv Distnct Court and filing and recording said Order
with the Garfield County Clerk and Recorder. the Garfield County Assessor and the
Division of Local Government.
Reimbursement of Distnct Costs. Coryell Ranch shall reimburse the District all actual
costs incurred by the District relating to the inclusion of the Coryell Ranch Property
within the District including all engineering, legal, inspection, filing or recording fees and
related expenses, on receipt of itemized billings for those services from the District- All
such amounts shall be due within thirry (30) days of the date of the bill, with interest on
any overdue amounts to be assessed at one percent (1%) per month. In the event the
District is forced to pursue collection of any amounts due and unpaid under this
provision, it shall be entitled to collect attorney fees, filing and lien recording fees
incurred in such collection efforts in addition to the unpaid amounts due, plus interest.
Provision of Water Service. Under the terms and conditions of the District's Service Plan
as presently approved, the District may not provide domestic water service to properties
outside its initial boundaries (i.e., the Aspen Glen PLID), either through annexation or
contract, without first obtaining approval for a modification of its Service Plan. The
District therefore finds that under the terms of its existing Service Plan it is infeasible and
impracticable, and contrary to the good of the entire district, to extend the District's water
lines and facilities to the Coryell Ranch Property for the purpose of providing domestic
water service thereto, or to assume any management or administrative duties or
responsibilities relating to the provision of domestic rvater service to the Coryell Ranch
Property. In accordance with the above, and pursuant to C.R.S. $ 32-1-1006 (1Xb)(I), the
District hereby designates the Coryell Ranch Property as a sewer-only area of service.
The designation of the Coryell Ranch Property as a sewer-only area of service shall
remain in effect until such time as the District, acting within it jurisdiction and authonty
as provided by law, finds by resolution that it',vould be feasible and for the good of the
entire District to extend its water lines to the Coryell Ranch Property for the purpose of
providing domestic water service thereto. The parties acknowiedge and agree that the
District may not make such finding until and unless (i) the District and Coryell Ranch
enter into a separate agreement for the provision of domestic water service to the Coryell
Ranch Property upon terms and conditions acceptable to the District; and (ii) the District
obtains the necessary approval of a modification to its Service Plan to allow the extension
of water lines to the Coryell Ranch Property and the provision of domestic rvater service
thereto.
District Charees. Upon being arurexed within the District and pursuant to C.R.S. $ 32-1-
402(1Xc), the Coryell Ranch Property shall be, subject to the following limitations, Iiable
for its proportionate share of the taxes and charges to be assessed by the District:
Pre-inc lusion A greement
Roaring Fork Llater & Sanitation District/Coryell Ranch Companlt, LLC/Board of Counry Commissioners
Page 3
1.
A. consistent with the District's designation of the Coryell Ranch Property under
Paragraph 3. of this Section, and until such time as such designation may be
revised, all such taxes, rates, tolls and/or charges assessed against the Coryell
Ranch Property shall be determined in accordance with the amount of charges and
costs incurred by the District relating solely to the provision by the District of
sewer service to the Coryell Ranch Property; and
B. any and all service billings or charges as the same are defined under the District's
Service Plan and Rules and Regulations, shall be charged against the Coryell
Ranch Properfy on a lot by lot basis solely, following the delivery thereto of
District sewer service. Nothing in this subparagraph shall be construed to prohibit
the District from assessing stand-by charges to lots within the Coryell Ranch
Property so long as the District's sewer lines have been extended to the Coryell
Ranch Property and the District assesses stand-by charges to all property within
its boundaries.
5. Exclusion of Coryell Ranch Property. In the event Coryell Ranch and/or the District are
unable to satisfy the conditions set forth within this Agreement and/or are otherwise
unable to satisfactorily perform thereunder, Rose Ranch shall, pursuant to C.R.S. $ 32-1-
501(1), file with the District a petition to have the Coryell Ranch Property excluded from
the District. Upon receipt of such petition by Coryell Ranch, the District shall pursuant to
C.R.S. $ 32-1-502(4), exclude the Coryell Ranch Property from within the District and
this Agreement shall terminate without further action being required of the parties. The
provision thereafter by the District of sanitary sewer service to the Coryell Ranch Property
shall be governed exclusively under the terms and provisions of the Out-of-District
Service Contract incorporated within the Service Plan as Exhibit L.
Section tI.
Acquisition of Treatment Plant Capacity
Coryell Ranch has made arrangements to acquire 72 EQR's of Treatment Plant Capacity
from excess capacity previously allocated to Aspen Glen Golf Company, under the terms and
conditions contained in that certain Agreement to Acquire Plant Capacity of even date herewith
between Aspen Glen Golf Company and Coryell Ranch. Under that Agreement, the District shall
charge a sewer tap fee of no less than $3,900.00 per EQR to owners of property within Coryell
Ranch PUD. The Distnct shall retain said tap fees in a separate capital improvements account'
along with tap fees retained by the District under that certain Amendment to Construction and
Reimbursement Agreement dated August 17, 1998 between the District, Aspen Glen and Garfieid
County, until such time as the District has received and retained adequate funds from Coryell
Ranch and Aspen Glen to completely fund the cost of an expansion of its treatment plant in the
amount of 107,000 gallons Per daY.
Pre-inclusion A greement
Roaring Fork Ll/ater & Sanitation District/Coryell Ranch Companlt, LLC/Board of Coun4t Commissioners
Page 4
1.
2.
Section III.
Connection to District Facilities
Procedure for Connection to District Facilities. Upon providing written notice to the
District and satisffing all required provisions of this Agreement, Coryell Ranch shall be
allowed to connect the Coryell Ranch Property to the District's Treatment Plant and
receive wastewater treatment service from the Distnct.
Costs. Coryell Ranch shall pay all infrastructure costs for connection to the District's
sewer system and Treatment Plant, including, but not limited to, the costs of internal
collection lines, necessary external joint trunk or interceptor lines, outfall lines, lift
stations, other appurtenant collection facilities, and its own administrative costs. In the
event Coryell Ranch oversizes any lines, lift stations or other facilities in connecting the
Coryell Ranch Property to District facilities, it shall be entitled to recoup the oversizing
costs from those owners and customers benefitted by such oversizing. For this purpose,
Coryell Ranch and the District shall execute an appropriate reimbursement agreement
incorporating terms no less favorable to Coryell Ranch than the terms contained in the
Construction and Reimbursement Agreement executed by the District and Aspen Glen
Golf Partners and incorporated within the Service Plan as Exhibit J.
Plans and Specifications. All sewer lines and facilities on the Coryell Ranch Property
shall be constructed and installed in accordance with the District's Rules and Regulations
in effect from time to time and all applicable terms, conditions, restrictions and schedules
set forth in the subdivision approvals issued by the County for the Coryell Ranch Property.
Upon completion of the final engineering and design plans for the facilities to be
constructed on the Coryell Ranch Property, Coryell Ranch shall forward these plans to the
District Engineer, who shall approve or disapprove the plans within thirty (30) days of
receipt, and whose approval shall not be unreasonably withheld. In the event the District
Engineer disapproves of such plans, he shall provide written notice to Coryell Ranch
descnbing with specificity the reasons for his disapproval and the changes necessary to
make the plans and specifications acceptable to the District. in the event the District and
Coryell Ranch are unable to reach agreement on the required plans and specifications, the
parties hereby agree to approach the District Board of Directors for resolution. Upon
approval, the District and Coryell Ranch shall execute in duplicate a document cleariy
specifying the approved plans and specifications to provide both parties certainty as to the
agreed upon plans and specifications.
Chanee Orders. To facilitate completion of the facilities on the Coryell Ranch Property in
accordance with the rules and regulations of the District, Coryell Ranch, its' contractors
and agents may propose reasonable change orders, of which Coryell Ranch shall provide
the District with notice and copy of the same. Within three (3) days, or such lesser period
as may be required under the circumstances of receiving notice and a copy of the proposed
Pre-inclusion Agreement
Roaring Fork lr/arcr & Sanitation District/Coryell Ranch Company, LLC/Board of County Commissioners
Page 5
J.
4.
5.
6.
change order(s), the District shall either approve the same or propose an altemative(s)
which will not result in unreasonable detay. If the District fails to approve the change
order or suggest an altemative within three (3) days, Coryetl Ranch may proceed with the
change. All approved change orders, including any change order deemed approved, shall
be incorporated into and become part of the agreed upon plans and specifications.
Insoections. The District shall have the right to inspect all facilities and work on the
Coryell Ranch Properfy prior to the dedication of such facilities to ensure compliance with
the agreed upon plans and specifications. Coryell Ranch shall reimburse the District for
the reasonable actual costs of such inspections.
Warranty. Coryell Ranch shall warrant all facilities conveyed to the District for a period
of two (2) years from the date that Coryell Ranch's Engineer certifies in writing that the
facilities have been constructed and installed in compliance with the agreed upon plans
and specifications, and any duly deemed or approved change orders, which date shall also
be known as the certification date. Specifically, Coryell Ranch shall warrant that any and
all facilities conveyed to the District shall be free of any defects in materials or
workmanship for a time period of two (2) years.
Dedication of Facilities: Lien Waivers. Within ten (10) days of the certification date,
Coryell Ranch shall dedicate and convey to the District by appropriate instruments of
conveyance those portions of the facilities certified by Coryell Ranch's Engineer pursuant
to Paragraph 6 of this Section. The District shall accept such dedication within thirty (30)
days thereoi and thereafter title to any facilities so dedicated and conveyed shall be vested
in the District. Coryell Ranch shall provide the District with lien waivers from all
contractors, subcontractors, an material suppliers for work and materials fumished in
connection with the facilities conveyed.
Conveyance of Easements. Coryell Ranch shall by special warranty deed convey to the
District nonexciusive easements necessary for the District to maintain, operate, repair, and
replace the facilities located on the Coryell Ranch Property and dedicated to the District ,
free and clear of all liens, encumbrances, and title defects which could defect the Distnct's
title, and any title defects which would affect the District's ability to use each easement for
its intended purpose. Coryell Ranch shall and hereby does reserve the right to use in
common with the District any easements it conveys to the District for ingress and egress
and for all utility purposes not inconsistent with the District's use. The District shall
notify Coryell Ranch of its plan to excavate any easements on the Coryell Ranch Property,
and shall make all reasonable efforts to minimize disturbance to the owner(s) and the
user(s) thereof. AII easements conveyed or established pursuant to this paragraph shall be
and hereby are subject to the obligation of the District to repair and revegetate disturbed
areas to a condition and grade substantially similar to that which existed before the
disturbance.
P re-inclusion Agreement
Roaring Fork Water & Sanitation District/Coryell Ranch Company, LLC/Board of Counry Commissioners
Page 6
7.
8.
9.Control of Facilities. Once conveyed to the District, and subject to the warranty
provisions of Paragraph 6 of this Section, the District shall be solely responsible for
operation, maintenance, repair, and replacement of all facilities located upon the Coryell
Ranch Property which are dedicated to the District. The District shall at all times operate
the district facilities in an economical manner, and shall make repairs and replacements to
assure continuous operation.
Release of Securitv. Completion of construction of all facilities required to be constructed
on the Coryell Ranch Property under this Section shall be secured under the applicable
Subdivision Improvements Agreements to be executed by Coryell Ranch with the County
instant to the final platting of the Coryell Ranch Property. Prior to the release of said
security by the County, Coryell Ranch shall provide satisfactory evidence to the County
that the dedications and conveyances required under Paragraphs 7 and 8 ofthis Section
have been made to the District.
Section [V.
Payment of Tap Fees and Common Element Surcharge
Transfer of Tao Riehts. The right to receive one EQR of sanitary sewer service and
wastewater treatment capacity from the District's facilities shall be known as a "Tap
Right". By virfue of the Amendment to Construction and Reimbursement Agreement
dated August 17, 1998 Aspen Glen has been allocated 356 EQR's of sewer service, or Tap
Rights, which will arise from the Phase II wastewater treatment plant expansion. Pursuant
to agreement, Aspen Glen has assigned 72 such Tap Rights to Coryell Ranch and directed
that the District shall charge and retain a sewer tap fee of no less than $3,900.00 per EQR
to owners of property within Coryell Ranch P[ID, as more particularly provided in Section
II hereof.
Tap Riehts Appurtenant to Coryell Ranch Property. All of the Tap fughts assigned to
Coryell Ranch as provided in Paragraph 1 of this Section, shall be deemed appurtenant to
the Coryell Ranch Property and as such, shall not be assigned, transferred or conveyed by
the District or Coryell Ranch to secure or provide District sanitary sewer service to other
properties located outside the Coryell Ranch Property without the prior written consent of
the County, the District and Coryell Ranch.
Determination of Tap Fees. The Tap Fee to be charged by the District for each Tap Right
within Coryell Ranch shall be equal to the sum of:
A. $3,900.00, which will be retained by the District as provided in Section iI hereof;
plus
Pre-inclusion Agreement
Roaring Fork Water & Sqnitation District/Coryell Ranch Company, LLC/Board of County Commissioners
Page 7
10.
1.
2.
J.
B. If Coryell Ranch so elects, an amount to be established from time to time by
Coryell Ranch, in its sole discretion, which shall be based upon the actual costs
incurred or reasonably estimated to be incurred by Coryell Ranch under Section III
of this Agreement, prorated on a per EQR basis, plus interest, which amount may
thereafteibe reimbursed to Coryetl Ranch, quarterly, after actual payment thereof
to the District by owners of property within coryell Ranch' coryell Ranch shall
initially establish this amount frior to the sale of any lots within the Coryeli Ranch
froperty and shall provide notice of the amount thereof to the District; thereafter,
CoryeliRanch shall be entitled to adjust the same no more than one time arurually
and shall provide written notice of such modified amount to the District no less
than wenty (20) days prior to the date any such change is to be implemented by
the District; Plus
C. An amount ("Capital Reserve") to be established, retained, and utilized by the
District at its sole discretion which shail be:
1. based upon the estimated required future capital repairireplacement costs to
be incurred by the District instant to the continued operation of the
Treatment Plant and sewer facilities; and
Z. applied uniformly against all Tap Rights issued to properties within the
pirt i.t'r boundaries or service area, subject to the right of the District to
adjust the Capital Reserve element based upon the number or size of lift
stations, if any, necessary to serve any particular property'
4. payment of Common Element Surcharge The Common Element Surcharge represents a
po gqn .h*g" fo. the oversizing of facilities previously constructed within the
Treatment plant and benefitting pioperties located outside the Aspen Glen Planned Unit
Development. The parties hereby agree that the Common Element Surcharge rvhich
benefits the numbei of tap rights to be acquired by Coryell Ranch under this Agreement is
$75,775.00. Coryell Ranch agrees that it shali pay to the District the sum of $75,775'00
in full satisfaction of its obligation to pay the Common Element Surcharge in one (1)
payment prior to the date that Coryell Ranch is allowed to make any physical connection
from any of the Coryell Ranch PUD to the District's wastewater treatment Plant. It is the
express intent of the parties that none of the Coryelt Ranch PUD shall be entitled to
physicalty connect to the District's facilities or receive wastewater treatment service
therefrom until Coryell Ranch pays the District the Common Element Surcharge as
provided in this ParagraPh
Pre-inclusion Agreement
Roaring Fork Inater & Sanitation District/Coryell Ranch Company, LLC/Board of County Commissioners
Page 8
Section V.
Conditions to District Service
1. District Service Conditions. The District's obligations to provide sewer service to the
Coryell Ranch Properfy shall be expressly conditioned upon the satisfaction of the
following:
A. inciusion of the Coryell Ranch Property within the District pursuant to the
provisions ofSection I, Paragraph 1.; and
B. receipt by Coryell Ranch of all applicable County subdivision approvals for the
lots or properties within the Coryell Ranch Property requesting District sewer
service; and
C. receipt and retention by the District pursuant to Section II, of tap fees; and
D. satisfactory performance by Coryell Ranch of the requirements and conditions to
Connection to District Facilities set forth in Section III; and
E. Receipt by the District of the Common Element Surcharge as provided in Section
IV; and
F. receipt by the District of all amounts required to bepaid by Coryell Ranch under
this Agreement; and
G. Satisfaction by Coryell Ranch of any other term and condition required of it under
this Agreement.
2. Obligation to Provide Service. Upon satisfaction of the foregoing conditions, the District
shall be obligated to provided sanitary sewer service to the Coryell Ranch Property as the
demand for the same arises for the number of EQR's represented by the Tap Rights
assigned to Coryell Ranch under the provisions of Section IV, without further payment to
the District of any system improvement fees charged by the District which are attributable
to Treatment Plant expansion or systems enlargement.
Section VI.
Dispute Resolution
In the event the parties are unable to agree upon any matter addressed within this
Agreement, each party shall select an engineer to represent its interests. The selected engineers
shall then appoinlone engineer, who shall provide a determination upon the matter in dispute. In
the event this process of settlement fails, the parties agree to resolve such dispute by arbitration in
Pre-inclusion A greement
Roaring Fork Water & Sanitation District/Coryell Ranch Comparyt, LLC/Board of County Commissioners
Page 9
accordance with the rules and regulations of the American Arbitration Association then in effect.
The determination of the arbitrator shall be final and conclusive and judgment may be entered
upon it in accordance with applicable law in any court having jurisdiction thereof.
Section VII.
Compliance with Rutes and Regulations/Non-discrimination
Upon inclusion of the Coryell Ranch Property within the District and subject only to the
terms and provisions of this Agreement, Coryell Ranch and the owners or customers within the
Coryeil Ranch Property shall be bound by and comply with the District Rules and Reguiations
applicable to properties within the District as the same may be amended from time to time.
Section VIII.
Audits, Reports and InsPections
The District shall maintain the records. accounts, and audits required by statute or which
would be kept under normal business practice, and copies of such records shall be provided to
Coryell Ranch upon request. Each party shall keep full and accurate records of all Construction
Costs and related costs, which shall be made available upon request. The District shall have the
right to inspect the facilities located upon the Coryell Ranch Property as provided in the District's
Rules and Regulations, and Coryell Ranch shall, upon notice to the District, have the right to
inspect the District's wastewater treatment plant, sewer lines, lift stations, and other appurtenant
facilities.
Section IX.
County Obligations
The County's duties and obligations under this Agreement are and shall be limited to those
duties and obligations set forth in Section II, Section III, Paragraph 10 and Section IV, Paragraph
2.
1.
Section X.
General Provisions
Termination. This Agreement shall be in full force and effect until terminated by mutual
agreement by the parties hereto, or as provided by law.
Good Faith. Because of the need for a regional wastewater treatment facility, the parties
agree to proceed in good faith rvith the implementation of this Agreement. The parties
further agree to negotiate in good faith for future financing and construction of additional
Common Elements. wastewater treatment plant capacity, and any other facilities.
Pre-inclus ion A greement
Roaring Fork ll/ater & Sanitation District/Conell Ranch Company, LLC/Board of Counw Commissioners
Page l0
2.
J.
4.
Service plan Inteeration. This Agreement and its Exhibits shall be incorporated in the
District's Service Plan, as though set forth there verbatim.
Comoliance with State and Federal Law. This Agreement shall not be construed to be in
violation with the laws of the United States or the State of Colorado, nor in any manner
which adversely affects or diminishes the financing capabilities of the District.
Enforcement: Specific Performance. In the event of any material failure by either party
t.i.to to comply with the terms of this Agreement, the other parfy shall have standing to
bring suit at law or in equity to enforce compliance herewith. It is expressly agreed that
any default in the provisions hereof may be specifically enforced. This Agreement shall
be construed in accordance with the laws of the State of Colorado, including the Special
District Act, C.R.S. $$ 32-1-101, et. seq.
Non-Merger. Each party's obligations under this Agreement shall be assignable to any
grantee, purchaser, transferee, or assignee ofthe party's interest, and shall survive any
such conveyance, purchase, transfer, or assignment'
Covenants: Recordinq. The provisions of this Ageement shall constitute covenants
running with the lands affected thereby, and upon execution this Agreement shall be
recorded in the records of the Garfield County Clerk and Recorder and shall thereafter
constitute actual notice of the terms and conditions hereof to any and all future users of
District services on the Coryell Ranch Properfy, and all owners, tenants or other persons
who occupy units or reside upon the Coryell Ranch Properfy'
Attorneys' Fees. Each party shall bear its own attomeys' fees incurred in the negotiation'
execution, and implementation of this Agreement. However, in the event arbitration or
litigation is necessary to enforce the rights of the parties to this Agreement, as between
themselves, the prevailing party in such arbitration or litigation shall be entitled to
reasonable attomeys' fees and costs actually incurred.
Complete Asreement: Amendment. This Agreement constitutes the entire and complete
agreement between the parties, and any modification or amendment hereto shall be
evidenced by a writing signed by the parties.
Bindine Effect. This Agreement shall be binding upon and inure to the benefit of the
partles, their heirs, successors, grantees, and assigns. Nothing herein shall prevent Coryeil
Ranch from selling its property and the benefits and obligations of this Agreement shall be
appurtenant to the property conveyed.
Pre-inclusion Agreement
Roaring Fork Water & Sanitation District/Coryetl Ranch Company, LLC/Board of County Commissioners
Page I I
5.
6.
7.
8.
9.
10.
11.Authority. Each person executing this Agreement represents and warrants that he has been
duly authorizedby the party which he purports to represent to execute this Agreement, and
has authority to bind said party to the terms and conditions of this Agreement.
No Waiver. No provision of this Agreement may be waived except by an agreement in
writing signed by the waiving party. A waiver of any term or provision shall not be
construed as a waiver of any other term or provision.
Headings. The paragraph headings in this Agreement shall not be used in the construction
or interpretation hereoi as they have no substantive effect, and are for convenience only.
Severabilitv. If any part or section of this Agreement shall be found void or invalid by a
court of competent jurisdiction, such finding shall not affect any remaining part or section,
and said remaining parts or sections shall continue in full force and effect. The parties
shall renegotiate in good faith any matter addressed by a part or section that is found void
or invalid.
Notice. All notices required under this Agreement shall be in writing and shall be hand
delivered or sent by registered or certified mail, return receipt requested, postage prepaid,
to the addresses of the parties herein set forth. All notices so given shall be considered
effective seventy-fwo (72) hours after deposit postage paid in the United States Mail with
the proper address as set forth below. Either party by notice so given may change the
address to which future notices shall be sent.
Notice to:Roaring Fork Water and Sanitation District
9929Highway 82
Carbondale, Colorado 81623
Lawrence R. Green
Balcomb & Green P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Coryell Ranch Company, LLC
Attn: Donald L. Parris
9929 State Highway 82
Carbondale, CO 81623
Garfield County Department of Building and Planning
Attn: Mark Bean
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
With copy to:
Pre-inclusion Agreement
Roaring Fork ll/ater & Sanitation District/Coryell Ranch Company, LLC/Board of Counry Commissioners
Page 12
tz.
13.
t4.
15.
Notice to:
Notice to:
ATTEST:
By
Clerk
c:twpdcs\LC\Corycll Rmch\D@umcn6\. l0:
Pre-inc lusion Agreement
Roaring Fork Water & Sanitation
Page I 3
By
IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originais
on the day and year flrst written above.
CORYELL RANCH COMPANY, LLC,
a Colorado limited liability company
By: Coryell Ranch Management Company, Inc.,
a South Carolina corPoration
ROARING FORK WATER AND SANITATION
DISTRICT
By
President
ATTEST:
By
Secretary
BOARD OF COT]NTY
GARFIELD COLINTY,
COMMISSIONERS,
COLORADO
Chairman
District/Corytell Ranch Companv, LLC/Board of Counry Commissioners
(r,q,o,
cr2
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LL,
CIlx
tr
C)
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Engineering RePort, CorYell Ranch
Coryell Ranch Lift Station
service area definition including existing populution antl population proiections, flow/loading
projections, and relutionship to-other wuter fin(l wastewsler treatment plants in the area'
The service area being served by the coryell Ranch Lift Station consists of the proposed coryell Ranch
Subdivision. The coryeii Ranc'h is zoned residential and will have a projected population of 72 EQR's' or
288 people. The Coryell Ranch property i, ia.ntin.a in the Aspen ClLn Water & Sanitation District Service
plan as a .wastewater Management Study s..ui". er.u.' (see attached map) At total build out' loading
will be 2g,800 g.p.d at average daily flow (ADFj, and ZZ,dOO g.p.d at n.,u*irr'n daily flow (MDF)' The
actual plant toading will be low in the tirst few years'
Proposed efJluent limitations as developed in coordination with lhe Planning and Standurds Section of
the Division.
The proposed effluent limitations are already established at the Aspen Glen Wastewater Treatment Plant
tecwwrpl.Thesewillnotbeatfectedbytheinstallationofthisliftstation.
Analysis of existing facilities inclutting performance of those ftcilities'
The currenr AGWWTP has a capaciry of 74.620c p d 1t average daily flow (107'000 g'p'd' at maximum
daily flow). Currently, the AGWWTi' i, in pt,urJ*e of three phu'"'' When the flows increase to the 80%o
triggering capacity for plant expansion,lrr.e granrwillbe expanded as required by the discharge permit' The
ultimate capacity tbr the plant after the third pr,ur. ir 223,860 g p d at average daily flow (320'000 g p'd' at
maximum daity flow). The lift station *itttrau. an i*p"tt of t\il'of the plant's total capacity after the
third phase is comPlete.
Flood Ptain sn(l natursl hazarcl analysis
The lift station is located on the west bank of the Roaring Fork River, above the high water mark' Therefore
it is out of the floodPlain.
Detsiled description of selectetl alternotives including legul description of lhe site' lreotmettt $)stem
description, deiign cipacities, and operationil stofJing neetls'
ThelegaldescriptionanddeedtotheCoryellRanchisenclosedaSanattachment.
The proposed Iift station will consist of a rvet well/dry well contiguration' There will be two flooded
sucrion sewage pumps equipped rvith 5 hp motors, each producing.ul.o* of 150 gPT: L!"::*age tvill be
delivered via a 4" force main that will .ror, *a,ithe Roaring Foik River' and tie into an existing sewage
manhole located in the Aspen Glen Subdivirion. fnt sewer liie to the Aspen Gten WWTP is sized
, accordingly for this specific use. There is-atso an additional 6" force main that will be installed under the
Roaring Fork River tJ u".o.-oOate any tuture loads. as well as provide for repetition in the event of the
4,, line failing. rhe 4" and 6" will U. uirr.Ologemet on Uott' sides of the river' such that each line may be
isolated. (See enclosed drawings)
TheCoryellRanchSubdivisionwi[[gravityflowtotheLiftstation'locatedatthenorthernedgeofthe
Coryell Ranch property. The lift station ir r.qrir.Jaue to the crossing of the Roaring Fork River' rvhich
cannot be crossed with a gravity flow system'
o@
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SCHMUESER
GORDON MEYEN
(970) 945-1004
FAX (970) 945-5948
118 West 6th. Suite 200
Glenwood SPrings, CO 81601
-
operational staffing fbr the lift station will be part of the AGWSD responsibitity, and rhe disrrict hasresources and staffing available for the additional operation and maintenance of this lift station.
Legal arrangements showing control of site for the project life.
The coryell Ranch Lift Station will be under control of the Aspen Gren water & Sanitation District. as thisarea will be included in the district. Easements will be dedicated to the district for both the lift station andthe force main. please see the enclosed pre_in.trsion agreement.
Institutional arrangemenls suclt qs contrscl and/or covenanl termsfor sll users which wilt belinslizedto accomplished acceptable toaste treatmenl.
All user waste is conveyed to the Aspen Glen water & Sanitation District plant. coryell Ranch is installingthe necessary sewage infrastructure io that all lots on coryell Rancir suuairision will have sewer service.
Management copabilitiesfor controlling tlre wostewuler througltoul and treutment within the capacitylimitutions of the proposeid treatmeru works, i.e., user contracts, operuting qgreemenrs, pretrcatmentrequirements.
Scott Leslie is currently the operator in control of the Aspen Glen water & Sanitation District. He isresponsibleforthecontrolandmaintenanceoftheentiresystem
Financial system which hos been tleveloped to.providefor necessory copiral and continued operation,maintenance, and replacemenr through'the tifiof the iroiect. iii *irtd include,for example,anticipated fee structare.
Financral responsibility will.be.with the Aspen GIen water & Sanitation District. Coryell Ranch
:J.t1JJ:'1ffil|illtit'#tfir construction and start-up. rhe rift ',;ii;, wlr be runoea tr,.ougr, monthry
Implementotion plun and schetlule inctuding estimated construclion time Qnd estimoted stort-up dore.
I1i:?:'JTi;';;;'o implementation are scheduled for rhe sprinq of 2000. Esrimated staft up date wilr be
Page 2 of 3
SCHMUESER GORDON MEYER, INC.
Atlachment List
l.Pre Inclusion Agreement, Aspen Glen water & Sanitation District
Aspen Glen Water & Sanitation District Service plan
wastewater Management Study' Lower Roaring Fork planning Area, westwater Engineering
Title Deed & Legal Description, Corvell Ranch
Page 3 of3
MUESER GORDON MEYER, INC.
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(970) 945-1004
FAX (970) 945-5948
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o,.,*ll'otiil3l j; t1;3iThursday, December 23, lggg
,fi :f;:'f ' u n tY Corn rn issio n ers
tH|J:j.Tt,*t:,o,,*,,,,
RE: Site Appticatir
Dear Mark:
on for Coryell Ranch Lift station
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Best Regards,
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Scott Leslie
Larry Green
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